Can I still file signed divorce papers a year ago? 10 Answers as of June 04, 2013

I wanted to know if I can file my own papers I signed some my husband printed up and he never filed them. I want my name back and I want to file on the grounds of adultery. He has lived with his girlfriend for the past two years..

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Only if your spouse is still in agreement with them. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.

The documents can be filed, but you have to schedule a hearing to have the documents incorporated into a judgment of divorce. The agreement you signed may have some independent legal significance regarding financial matters, but your divorce cannot proceed without a court hearing. I suggest you contact the court clerk to determine the process for filing and scheduling a hearing date that will require both of you to appear and agree that the matter should proceed as an uncontested divorce. If your husband refuses, then you must proceed as a contested matter. You should consult with an attorney, who can review the document you both signed to determine its enforceability outside the court process. Good luck.

Well you really need the advice of a Lawyer .if you want a simple uncontested Divorce to allege adultery you have to offer some? admissible evidence so it is complicated and you need to seek legal advice.

In North Carolina you don't need grounds for divorce and actually there isn't really a claim per se for "adultery". Marital misconduct is but one of the many factors that can be taken into consideration by a judge if one files a claim for alimony. I am not sure what papers you signed a year ago - was it a separation agreement or the complaint for a divorce?. If it was the complaint for divorce, first that would have needed to be signed in front of a notary. If it was but never filed, that is probably too long ago to try and file it now. If it was an actual separation agreement, that doesn't need to be filed and that is already a valid contract in place. Based on the uncertainty of what you actually signed last year plus the fact that you may have rights to alimony, you really need to consult with an attorney because there is a proper way to include that in a lawsuit and you may also lose certain rights if you file for divorce only without including alimony in there.

Due to the change in personal information it may a good idea to update the petition. Divorce in Indiana does not require any specific grounds, only that the marriage is irretrievably broken. You can represent yourself, but its not advisable given certain requirements and issues which may arise.

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